Christmas bonus, also known as the “13th month salary”, is an additional payment expected by many employees in Germany. However, not everyone is automatically entitled to it, and situations may arise in which the Christmas bonus is not received or is reduced. In such cases the question arises: Can you claim a Christmas bonus?
Legal basis for Christmas bonuses
There is no legal entitlement to a Christmas bonus in Germany. Whether an employee receives a Christmas bonus usually depends on three factors: the employment contract, a collective agreement or a company practice. A collective agreement or a works agreement may stipulate that the employer must pay a Christmas bonus. If such a contract exists, employees have a legally binding right to this payment, even if no specific agreement has been made in the employment contract.
If Christmas bonuses are agreed in the employment contract, the employee can also claim this. The operational practice that arises from repeated payments over several years can also lead to a legally enforceable claim. If an employer has paid Christmas bonuses for at least three years without expressly declaring it as a voluntary benefit, the employee can assume that these payments will continue to be made in the future.
Can you claim Christmas bonuses in court?
In cases where the Christmas bonus is not received, it is generally possible to claim this through court. However, it depends heavily on the individual employment contract and the other legal framework conditions. A common scenario is that the employer labels the payment as “voluntary” and then suspends it. As the Baden-Württemberg State Labor Court decided in 2022, the reference to “voluntariness” alone is not enough to invalidate a company exercise. In this particular case, the employee, who had received Christmas bonuses for years, was still awarded this bonus despite such a clause in the contract.
If it is a payment agreed upon in a collective agreement or company, employees usually have a good chance of enforcing their claims. However, the individual deadlines should always be taken into account: Christmas bonus is legally considered wages, and employees can claim it within three years, unless there are shorter deadlines in the collective agreement.
What to do if you don’t get your Christmas bonus?
If the Christmas bonus is not received, employees should first ask their employer in writing. These are often misunderstandings or errors in billing. If the employer does not respond or refuses payment without a clear basis, it makes sense to contact a lawyer. An employment law attorney can examine the legal claims and, if necessary, prepare a lawsuit. A legal review is particularly worthwhile in cases where the Christmas bonus has been paid over several years, as the company practice is often interpreted in favor of the employees.
D. Maier / editorial team finanzen.net